This writ petition challenged the pendency of a discharge application in a criminal trial concerning FERA, FEMA, and IPC offences. The Court directed the Magistrate to decide the application within one month.
Directs the Chief Metropolitan Magistrate to dispose of the discharge application within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.674 OF 2005
First Global Stockbroking
Private Limited and ors. ... Petitioners
versus
Anil Rishiraj and another ... Respondents
Mr.Vishal s. Khanavkar, for the Petitioners.
Mr.A.S. Gadkari, A.P.P., for the Respondent
State.
CORAM : A.M.KHANWILKAR,J.
15th April 2005
P.C.:
. The Petitioners are facing trial before
the Court of Chief Metropolitan Magistrate,
Esplanade, Mjumbai, in CC.Nlo.122/W/2002 for
offences under the provisions of FERA, 1978,
FEMA, 1999, in addition to section 120B of the
Indian Penal Code. The Petitioners have already
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filed application for discharge on the assertiion
that no case is made out against them and the
criminal action cannot proceed either on facts or
in law. That application, it is stated, is filed
as back as on 16th July 2002, but has remained
undecided so far. There is substance in the
grievance of the Petitioners that the discharge
application ought to have been decided by now.
If the case registered against the Petitioners is
false for the stated reasons, then pendency of
that case causes serious prejudice to the
Petitioners, who are in the business of stock
broking and are required to deal with foreign
investors.
. In the circumstances, the concerned
Magistrate is directed to dispose of the
application for discharge as expeditiously as
possible and, in any case, within one month from
the date of receipt of writ of this Court.
Needless to observe that the discharge
application will be decided on its own merits in
accordance with law. Petition disposed of in the
above terms.
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(A.M.KHANWILKAR,J.)
2 issues framed by the court
Whether the Chief Metropolitan Magistrate be directed to dispose of the pending discharge application expeditiously.
Whether the pendency of the criminal case against stockbrokers causes prejudice warranting writ intervention.
3 provisions across 3 enactments
First Global Stockbroking Private Limited and ors.
Anil Rishiraj and another
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court